Yes, they can — and in some cases, they may have a valid claim. Whether they will succeed depends on what you knew about the tree's condition and what you did (or did not do) about it. Understanding your exposure before a storm is far better than learning about it afterward.
The legal short version
- →Healthy tree falls in a storm → generally not your fault, neighbor's insurance handles it
- →Diseased/dead tree falls → your negligence may be established if you knew or should have known
- →Neighbor warned you in writing about the tree → significantly strengthens their negligence claim
- →You had the tree inspected and addressed it → strongest protection you can have
When you are generally not liable
If a tree on your property was healthy and well-maintained and it fell during a severe storm, Alabama courts generally treat this as an act of nature rather than negligence. Your neighbor's homeowner's insurance would typically handle the damage to their property, and their insurer would not have strong grounds to pursue you.
The key word here is "generally." Every situation is fact-specific, and there is no guarantee. But a maintained, healthy tree that fails in an extraordinary weather event is very different from a neglected one.
When you are at risk
The legal concept that creates liability is negligence — specifically, that you knew or should have known the tree was a hazard and failed to act. If a tree on your property was visibly dead, showing obvious decay, leaning toward your neighbor's house, or if your neighbor had told you about it in writing, those facts can all be used to establish that you had notice of the hazard and ignored it.
Written notice from your neighbor is particularly significant. If they sent you a letter, text, or email saying they were concerned about your tree, and you did nothing, and then that tree fell on their house — you are in a much harder position to defend.
What protects you
The single best protection is documented maintenance. A written record showing you had the tree evaluated, that it was found to be healthy, or that you had it removed when it showed signs of decline is powerful evidence that you were not negligent. If a neighbor has flagged a tree, respond in writing, have it professionally assessed, and keep that documentation. Even if the tree is found to be fine, having that on paper matters.
What if your neighbor's tree falls on your house?
The same principles apply in reverse. Your homeowner's insurance typically handles the damage to your property regardless of whose tree it was — but if you can document that you notified your neighbor in writing about the tree's condition and they did nothing, that creates grounds for subrogation (your insurer pursuing their insurer). See our full guide on whose insurance pays when a tree falls on your house.
The proactive step that eliminates the risk
Get trees evaluated before they become a problem. If you have a tree near the property line that is declining, showing decay, or leaning toward your neighbor's home, removing it now is the cleanest resolution to all of these concerns. Transform Cleaning LLC provides free on-site estimates throughout the Shoals area and can assess any tree you are concerned about. Call (256) 740-7390.
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Transform Cleaning LLC, serving the entire Shoals.
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